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Your Comments On Website Use Of Photo  
User currently offlinePsych From United Kingdom, joined Nov 2004, 3064 posts, RR: 58
Posted (8 years 8 months 3 weeks 6 days 2 hours ago) and read 5462 times:
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Hello all.

I don't know of you have done this, but it can be very interesting going to the 'Links to your Photos' section in 'My Photos', to see the range of external links made to your shots on A.net.

I recently did this, and discovered that one of my photos was being used on the front page of this site. Now when I click on this link it produces the page with this photo featuring largely:

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Click here for bigger photo!

Photo © Paul Markman


I would be very interested to hear if this is the same photo you see when you follow that link.

Anyway - I took a screen shot and wrote to them - politely - expressing my dissatisfaction that my photo had been used without my permission, and that such usage was a breach of copyright. They did reply - politely - saying that they could not identify which photo of mine I was claiming they had inappropriately used. However, the author also said that should it be the case that they had used my photo they would either remove it or pay a fee.

I then wrote back and attached a screen shot with my photo featuring. I soon received another response, apologising for the use of the photo, but also saying that I was looking at an old version of their website, which related to a company to which they have now severed links. He suggested that the reason I was seeing my photo was to do with my ISP using a proxy server that has the old link still. If I had any other queries please get in touch.

I have to admit all the talk of proxy servers leaves me a bit in the dark, but the bottom line was still that at one point they had clearly used my photo. But at least they had apologised.

This was yesterday and I have not responded - I am certainly in no mood for taking a company on in any big way.

However, I have woken this morning to receive another email from another member of the company - also a pilot - asking for proof that I am the author of this photo and that I am a registered photographer holding authorisation from Manchester airport and the airline in question to take such pictures for commercial use. He also told me that if he found someone taking an 'unauthorised' photo of a plane he is piloting he would file a complaint with the relevant airport authorities.

I must admit I was rather surprised by this.

Does anyone have any comment on this story? I have read with interest others' threads about conflicts following use of photos from here, and I thought it would be useful for the site to have a clear statement on how to advise photographers (who, like me, are not well versed in selling their photos and dealing with commercial issues) how to handle such instances.

Thanks for any input.

Paul

16 replies: All unread, jump to last
 
User currently offlineUA935 From United Kingdom, joined Feb 2004, 610 posts, RR: 6
Reply 1, posted (8 years 8 months 3 weeks 6 days 2 hours ago) and read 5441 times:

Morning Paul,

Yep defiantly your photo, the copyright bar with your name on it is across the bottom of the image when I click your link.

Looks like another photo from the site may be on the left of the page from SXM.

The photo you have taken is from public property and not from within the airport. You do not permission to photograph from there.

From the tone of that e-mail it sounds like the company knows they are in the wrong and are trying to scare you off pressing them any further.

Regards

Simon



Live every second like you mean it
User currently offline9VSPO From , joined Dec 1969, posts, RR:
Reply 2, posted (8 years 8 months 3 weeks 6 days 1 hour ago) and read 5436 times:

It's a public footpath. Both pilots and the airport know we take photo's from there. On the plus side at least they have kept the banner and do provide a direct link to the site. Ask them for £50. It does enhance their site which is attempting to attract business at the end of the day.

User currently offlineJid From Barbados, joined Dec 2004, 975 posts, RR: 31
Reply 3, posted (8 years 8 months 3 weeks 6 days ago) and read 5419 times:

Good morning Paul,

Looking at the code of the page they have 'copied' a version of your image and placed it on their webservers. This is a breach of your copyright. The fact that they have linked it back to your a.net image is a way of keeping their bandwidth costs down.

The mail you received smacks of scare tactics - as stated in many threads in the past, you are doing nothing illegal by shooting aircraft from public rights of way and it is a very cheap shot from them making that kind of veiled threat.

I know what I would tell them Paul !!!

Good luck .. Jid



G7EPN is back after 15 years! Operating all Bands 80mtrs -> 70cms QRZ DX
User currently offlineViv From Ireland, joined May 2005, 3142 posts, RR: 28
Reply 4, posted (8 years 8 months 3 weeks 6 days ago) and read 5409 times:

Quoting Psych (Thread starter):
However, I have woken this morning to receive another email from another member of the company - also a pilot - asking for proof that I am the author of this photo and that I am a registered photographer holding authorisation from Manchester airport and the airline in question to take such pictures for commercial use. He also told me that if he found someone taking an 'unauthorised' photo of a plane he is piloting he would file a complaint with the relevant airport authorities.

He is full of shit. You don't need authorisation to take pictures odf aircraft unless you are the airside of the airport.



Nikon D700, Nikkor 80-400, Fuji X Pro 1, Fujinon 35 f/1.4, Fujinon 18 f/2
User currently offlineDC10Tim From United Kingdom, joined Jan 2005, 1406 posts, RR: 14
Reply 5, posted (8 years 8 months 3 weeks 5 days 22 hours ago) and read 5375 times:

Quoting Psych (Thread starter):
However, I have woken this morning to receive another email from another member of the company - also a pilot - asking for proof that I am the author of this photo and that I am a registered photographer holding authorisation from Manchester airport and the airline in question to take such pictures for commercial use. He also told me that if he found someone taking an 'unauthorised' photo of a plane he is piloting he would file a complaint with the relevant airport authorities.



Quoting Jid (Reply 3):
This is a breach of your copyright. The fact that they have linked it back to your a.net image is a way of keeping their bandwidth costs down.

Paul, politely email them back and ask if he can quote any requirement for authorisation to be needed to photo either the airport or the plane, bearing in mind you were on National Trust property when that shot was taken. As Jid says, it's a breach of your copyright.

This kind of thing really winds me up.

Regards,

Tim.



Obviously missing something....
User currently offlineDC10Tim From United Kingdom, joined Jan 2005, 1406 posts, RR: 14
Reply 6, posted (8 years 8 months 3 weeks 5 days 22 hours ago) and read 5375 times:

Quoting Psych (Thread starter):
He also told me that if he found someone taking an 'unauthorised' photo of a plane he is piloting he would file a complaint with the relevant airport authorities.

And they're going to do what exactly?



Obviously missing something....
User currently offlineLinco22 From United Kingdom, joined Jun 2005, 1380 posts, RR: 15
Reply 7, posted (8 years 8 months 3 weeks 5 days 22 hours ago) and read 5365 times:

Hi Paul,

Really unfortunate that you are on the recieving end of someone who is just trying to scare you off. Stand up to them, do as the others have suggested. This guy hasn't a leg to stand on. This is really petty. Why cant they either pay you a fee for use of the photo or remove it. Surely its that simple for them. Good luck with it, hope you get it sorted.

Regards
Colin  Smile


User currently offlineJavibi From Spain, joined Oct 2004, 1371 posts, RR: 41
Reply 8, posted (8 years 8 months 3 weeks 5 days 21 hours ago) and read 5354 times:

Quoting Psych (Thread starter):
authorisation from Manchester airport and the airline in question to take such pictures for commercial use.

I do not see a "Buy a print" button, WTF "commercial use"? I am sure you are able to produce a 24 pages long letter telling them how wrong they are (under Swedish and British law, we don't know and don't GAF about Belgian law) and offering to settle the matter for a mere 100 pounds  Wink If you are smart enough you could even get a Manchester Airport authorisation letter  Wink

Good luck

j



"Be prepared to engage in constructive debate". Are YOU prepared?
User currently offlineBrettdespain From United States of America, joined May 2005, 178 posts, RR: 10
Reply 9, posted (8 years 8 months 3 weeks 5 days 21 hours ago) and read 5348 times:

Hi Paul,

Sorry to hear about your predicament. Great shot by the way!

I don't know about the U.K. but the aforementioned pilot stating that he would file actions against you for taking a shot of his airplane wouldn't have a leg to stand on in a U.S. court.

I also clicked on the link in question this morning from the U.S. and your photo is still proudly displayed on that site. The company's explanation that this is an old site is utter non-sense. When companies make new sites, they take the old ones down or at the most provide a white page with a new http address.

Keep after them and let us know what happens. Thanks again for helping me with my shots!

Brett



V1...Rotate.
User currently offlineJan Mogren From Sweden, joined Dec 2000, 2043 posts, RR: 50
Reply 10, posted (8 years 8 months 3 weeks 5 days 20 hours ago) and read 5340 times:

Quoting Javibi (Reply 8):
I am sure you are able to produce a 24 pages long letter

Indeed Sir Writesalot, eh sorry, Paul should give them a nice lenghty reply!  mischievous 

/JM



AeroPresentation - Airline DVD's filmed in High Definition
User currently offlineStealthZ From Australia, joined Feb 2005, 5747 posts, RR: 44
Reply 11, posted (8 years 8 months 3 weeks 5 days 19 hours ago) and read 5310 times:
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mmm checked out this site.... interesting use of a VS image in their shonky little program, wonder where their bravado would disappear to if someone from the VS legal team gave them a call!!


If your camera sends text messages, that could explain why your photos are rubbish!
User currently offlineJavibi From Spain, joined Oct 2004, 1371 posts, RR: 41
Reply 12, posted (8 years 8 months 3 weeks 5 days 19 hours ago) and read 5301 times:

http://www.whitewingseurope.be/wwe/nl/jobs.asp

http://www.whitewingseurope.be/wwe/nl/helicopter.asp

http://www.whitewingseurope.be/wwe/nl/

BTW yours is not the only one, Paul  Sad

j



"Be prepared to engage in constructive debate". Are YOU prepared?
User currently offlineINNflight From Switzerland, joined Apr 2004, 3767 posts, RR: 59
Reply 13, posted (8 years 8 months 3 weeks 5 days 18 hours ago) and read 5290 times:

Quoting Javibi (Reply 12):
http://www.whitewingseurope.be/wwe/nl/jobs.asp

And they even modified the copyright bar.

Paul, send them your bill.  Smile



Jet Visuals
User currently offlineGBOAB From United Kingdom, joined Mar 2004, 367 posts, RR: 5
Reply 14, posted (8 years 8 months 3 weeks 5 days 17 hours ago) and read 5261 times:

Hi Paul

Looks like they have taken down the site, all I get is:
The page you are looking for might have been removed, had its name changed, or is temporarily unavailable.

Cheers

Ian



Concorde's gone but not forgotten
User currently offlinePsych From United Kingdom, joined Nov 2004, 3064 posts, RR: 58
Reply 15, posted (8 years 8 months 3 weeks 5 days 17 hours ago) and read 5255 times:
Support Airliners.net - become a First Class Member!

Hello all.

Thanks for your replies - and I'll keep this short   .

I too now see that the relevant page is not available - interesting. But I shall still respond to the last guy, because I was not at all happy with the tone of his message.

I shall let you know if I hear anything.

All the best.

Paul

P.S. Edited following Javier's correction.

[Edited 2006-04-05 18:03:21]

User currently offlineJavibi From Spain, joined Oct 2004, 1371 posts, RR: 41
Reply 16, posted (8 years 8 months 3 weeks 5 days 17 hours ago) and read 5253 times:

Quoting Psych (Reply 15):
I too now see that the site is not available

Site is available it is just "your" page which is down.

j



"Be prepared to engage in constructive debate". Are YOU prepared?
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